Alternative Dispute Resolution (ADR), Wills, Trusts, & Estate Planning

Court Issues Opinion Holding That Parties Can Enforce Arbitration Clauses In Trust Documents

by David Johnson | Winstead PC on 5/13/2013

Parties may want to resolve trust disputes in arbitration. There are perceived cost savings associated with arbitration, and arbitration can be quicker than normal litigation. But one of the main benefits is that the...more

Trial lawyers beware of the in terrorem trust clause: A nasty trap that can keep on springing.

by Charles E. Rounds, Jr. on 1/1/2013

An “in terrorem” or “no-contest” clause in a trust instrument provides for the forfeiture or reduction of the equitable property interest of a beneficiary who contests the arrangement. In a recent New Hampshire case, Shelton,...more

Executors and Personal Representatives Equally Bound to Arbitrate Wrongful Death Claims

by Leonard, Street and Deinard - Arbitration... on 8/13/2012

The Eleventh Circuit has “ironed out a wrinkle” in Alabama’s arbitration jurisprudence that seemed to find executors outside the scope of arbitration contracts signed by the decedent. In Entrekin v. Internal Medicine...more

A Trust is Not an Entity, it is a Relationship

by Hopkins & Carley on 6/8/2012

The Problem: Practitioners, and occasionally even some courts, will refer to assets as being “owned” by a trust, or will say that someone is “suing” the trust. This likely arises from the fact that proper designation often...more

Mediation and Arbitration have their limitations when it comes to trust disputes.

by Charles E. Rounds, Jr. on 4/1/2012

Unless the fiduciary issues and the representation issues in a trust dispute are properly sorted out in advance, there is a very real risk that an ill-considered rush to mediate or arbitrate will prove an expensive and...more

Probate battles: Where there's a will, there's a relative

by JAMS, The Resolution Experts on 3/26/2012

Originally published in the Daily Journal - March 14, 2012. Imagine this hypothetical situation: A mother dies, leaving her daughter 75 percent of her estate. Her son, who believed he was to receive 50 percent, contests...more

Agências de "Rating" e Governança Corporativa: Paradigma ou necessária coexistência

by Janahim Figueira on 2/10/2012

O objetivo deste estudo é demonstrar os pontos positivos e negativos na atuação das chamadas agências de classificação de risco, tanto nos EUA, bem como na Europa e no Brasil. O...more

NEWSLETTER BARRO LAW FIRM - FAMILY GOVERNANCE CODES

by Cecile BARRO on 8/21/2011

Methodology of organizing succession and managing the family estate and immaterial property with an proactive management of conflicts...more

Russian Legal Update - June 2011

by Dechert LLP on 6/14/2011

In This Issue: Russia Acts Quickly to Restore the Right for Employers to Register Foreign Nationals: the Visa Regime for Highly Skilled Foreign Professionals is Fleshed Out - p1 Mediation Framework Adopted in Russia -...more

Elder & Probate Mediation in Colorado

by Barbara Hahn on 2/8/2011

A Q & A style short article about Elder and Probate Mediation....more

California Supreme Court Holds That Heirs in a Wrongful Death Action Are Bound by Decedent's Agreement to Arbitration

by Sedgwick LLP on 9/10/2010

California courts have long wrestled with the question of whether a person's agreement to arbitration binds his or her heirs in a later wrongful death action arising out of his or her death. The California Supreme Court's...more

Top 5 Legal Issues for Individuals and Businesses in 2010

by Cameron Grant on 3/16/2010

Is it Time for a Legal Check Up? (Top 5 Legal Issues for Individuals and Businesses in 2010) A window sticker reminds you to change the oil every three months or 3,000 miles. A call from the physician points out the need...more

A Brave New World: Nonjudicial Dispute Resolution Procedures Under the Uniform Trust Code and Washington’s and Idaho’s Trust and...

by Lane Powell PC - Trusts and Estates Law on 11/23/2009

Editor’s Synopsis: Nonjudicial dispute resolution procedures for trust and estate matters are increasingly popular to minimize the expense, complexity, and publicity of court procedures. This article addresses the nonjudicial...more

The Creative Use of ADR Mechanisms and Techniques to Resolve Private Probate and Trust Disputes

by Michael Dewberry on 8/9/2009

This is the PowerPoint for a presentation I have made to groups about the use of mediation and arbitration in Florida trust and probate disputes. My approach emphasizes the early, non-litigation approach, and discusses the...more

How do you look for the right attorney?

by Anna Maria Pittella on 1/1/2009

Working with the right attorney makes all the difference. Here are steps to consider in a very important decision....more

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Alternative Dispute Resolution (ADR) › Wills, Trusts, & Estate Planning